15-57-305. Civil and administrative penalties.

15-57-305. Civil and administrative penalties. (a) Civil Penalties. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) To restrain any violation of or to compel compliance with the provisions of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto; (2) To accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, including the reclamation of affected land; (3) To recover all costs, expenses, and damages to the division or any other agency of the state in enforcing the provisions of this subchapter and reclaiming affected land; (4) To assess civil penalties for violations of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto in an amount not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years; (5) To recover civil penalties assessed pursuant to subsections (b) and (c) of this section; or (6) To forfeit a reclamation bond. (b)Administrative Penalties. (1) Any person who engages in open-cut mining without first securing a permit as required by this subchapter or who fails to reclaim affected lands in accordance with this subchapter or who violates any provision of this or any order, rule, permit, or reclamation plan issued pursuant thereto, may be assessed an administrative civil penalty by the division not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years. (2) No administrative civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing and has exhausted all administrative appellate remedies. (3) The amount of the administrative civil penalty shall be determined in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission, including, but not limited to, the rules on civil penalties. (c) All hearings and appeals arising under this subchapter shall be conducted in accordance with the procedures described in §§ 8-4-218 — 8-4-229 and in accordance with rules adopted by the commission, including, but not limited to, the rules on administrative procedures. (d) As an alternative to the limits on civil or administrative penalties under subsection (a) or subsection (b) of this section, if a person who is found liable in an action brought under subsection (a) or subsection (b) of this section has derived pecuniary gain from the commission of mining without a permit or mining outside of the area authorized in the permit, then the person may be ordered to pay a civil penalty equal to the amount of the pecuniary gain.